If it clearly state such in your decree, the you can get a form ( I have seen some online) and use that for the format and retype it and send a copy of your decree and the coument to the appropriate department at you former husband's agency. I dislike these type of agreements. I prefer the type wherein the party whose retirment it is , that gets divided , either makes aditional alimony ( spousal support payments) or borrows on the retirement to pay it off in a lump sum. This way is fruaght with pitfalls.

The answer did not stat how to file.The divorce is final and Iget the 401k but need to file the quadro. CanI do that without the lawyer. All the other paperwork is done. It just needs to get filed in the court so my name is on it. And can I take out a one time 'portion' of it?

File it? see that is what I do not understand. Tell me why you need to file it? for what purpose?
If you tell me what state you are in I can look to see if there is such a requirement.
Did the court tell you to file the document with them? and they will serve the employer?
Generally, it is handled as I stated, if you lareday have the court order, you fill out the document and send it along with the court order for the 1/2 of retirment to the employers department that handles ganrishments,etc

Did you have an attorney for the divorce? if so ask him or her.
and yes you can file anything you want without an attorney, but unless the civil procedure in your state calls for the document to filed with the court for service on the employer ( the court will be sending the documents to the employer), usually the attorney for the party sends it as I have stated. I is basically handled like a garnishment.
I aplogize if I am not following you, as I said , if you provide your court jurisdiction and state I will see of I can find the local court rules that control this process
and easy way is to ask the clerk of the court: they will flat be able to tell you if service to the employer is their responsibility or yours.
But , you can file the doc with the clerk of the court to be added to your case file. what happens after that is the real question

Here is some more info on qualified domestic court orders
http://www.401khelpcenter.com/mpower/feature_06019 9.html

You need to obtain the form from the company that holds your husbands 401k (Merrill Lynch, Principle, etc) and submit it back to that company.
You can do it without the help of an attorney, but they are very difficult to fill out.
Make sure you have a copy of your divorce decree, you will need it to show that the 401k was ordered to you.
I know these companies are very strict/picky about how the forms are filled out, so make sure you fill it out completely.
Once it is determined that you have a cailid QDRO, the 401k company will release the funds to you, and you can cash them out if needed, or roll it over to a 401k for yourself.

That is exactly what I told her

Thank you for your reply. I guess I did not pick a very good lawyer since she is not returning my calls. The divorce is final and I get 1/2 the 401k. My ex said his company did fill out forms for the 401k and I guess I am confused on what needs to happen next. I am in Cook county Illinois. So it sounds like it is between me and the company handling the 401k and I do not need the courts since it is already in the decree. Is that correct? I could use some of the money now even if I have to pay a penalty.

Hello, I wanted to know if you have been legally separated can you file the quadro? My former spouse and I have not formally filed for divorce but were married for 16 years. He has become eligable for his retirement pension, in which I recieve 50% of the pension. Can I file the Quadro without a divorce decree? I do plan to get the divorce started next month. Please advise.

I am going thru this but the my ex's company will not take my divorce decree the now want me to ge t it signed by court which means i have to take to trial again is this right? I live in texas.

I'm in the same postion and have a 401k with the company i work for and agreed in the final judgement to divide it. It's going on a year later and although i filled out the form and got the draft approved by my investment company, decided not to waste any more of MY time filing it for the approval of the judge. She can do it. I do not contribute to my 401k and was waiting until this was over and done with before i start back up again but she is dragging this out and I have no idea what is gonig on with it. What else can i do to push this forward and is there a statute of limitations?

SRDEsq did not answer the question at hand ---he/she was very evasive - responses he/she could have keep--question unanswered

Where can you find the 401k qadro forms that you can download and print out with out having to pay for them?